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Drake-Brockman v. Minister for Planning

Filing Date: 2007
Reporter Info: [2007] 158 LGERA 349 (Australia)
Status: Upheld state agency decision
Case Categories:
  • Suits against governments
    • Environmental assessment and permitting
      • Other projects
Jurisdictions:
  • Australia
    • New South Wales
      • Land and Environment Court
Principal Laws:
  • Australia
    • Ecologically Sustainable Development (ESD) Principles
  • Australia
    • Environmental Planning and Assessment Act 1979 (NSW)
Summary:

An Australian state court upheld a state agency decision to approve a concept plan for a mixed-use development project. Applicant challenged the agency decision on three grounds, including the agency's failure to consider ecologically sustainable development (ESD) principles in approving the concept plan under the Envrionmental Planning and Assessment Act 1979. The court held that the agency had considered ESD principles and greenhouse gas emissions when approving the project. A quantitative assessment of GHG emissions was not necessary in this particular case and is not required for every major project.

At Issue: Challenge to state agency decision approving a concept plan for a mixed-use development project
Case Documents:
Filing Date Type File Summary
08/13/2007 Decision Download No summary available.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.